Schedule SCHEDULESupplementary
[Subsection 25(2)] ADDITIONAL POWERS OF HIGH COURT Prerogative writs 1. Power to issue to any person or authority directions, orders or writs, including writs of the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any others, for the enforcement of the rights conferred by Part II of the Constitution, or any of them, or for any purpose. Distress for rent 2. Power to issue and enforce writs or warrants of distress for arrears of rent. Partition of land 3. Power to direct a sale instead of partition in any action for partition of land; and in any cause or matter relating to land, where it appears necessary or expedient, to order the land or any part thereof to be sold, and to give all necessary and consequential directions. Sale of land 4. Power to order land to be charged or mortgaged, as the case may be, in any case in which there is jurisdiction to order a sale. Interpleader 5. Power to grant relief by way of interpleader— (a) where the person seeking relief is under liability for any debt, money, or goods or chattels, for or in respect of which he has been, or expects to be, sued by two or more parties making adverse claims thereon; and (b) where a Sheriff, bailiff or other officer of court is charged with the execution of process of court, and claim is made to any money or goods or chattels taken or intended to be taken in execution under any process, or to the proceeds or value of any such goods or chattels by any person other than the person against whom the process is issued, and to order the sale of any property subject to interpleader proceedings. Preservation of property 6. Power to provide for the interim preservation of property the subject matter of any cause or matter by sale or by injunction or the appointment of a receiver or the registration of a caveat or a lis pendens or in any other manner whatsoever. Interest 7. Power to direct interest to be paid on debts, including judgment debts, or on sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the Court. Time 8. Power to enlarge or abridge the time prescribed by any written law for doing any act or taking any proceeding, although any application therefor be not made until after the expiration of the time prescribed; Provided that this provision shall be without prejudice to any written law relating to limitation. Writs of seizure and sale 9. Power to enforce judgment of the Court for the payment of money to any person or into Court by a writ, to be called a writ of seizure and sale, under which all the property, movable or immovable, of whatever description, of a judgment debtor may be seized, except property which is exempt from seizure and sale under any written law. Other execution 10. Power to enforce a judgment of the Court in any other manner which may be prescribed by any written law or rules of court. Res judicata 11. Power to dismiss or stay proceedings where the matter in question is res judicata between the parties, or where by reason of multiplicity of proceedings in any court or courts the proceedings ought not to be continued. Transfer of proceedings 12. Power to transfer any proceedings to any other Court or to or from any subordinate court, and in the case of transfer to or from a subordinate court to give any directions as to the further conduct thereof: Provided that this power shall be exercised in such manner as may be prescribed by any rules of court. Set-off 13. Power to allow a defence of set-off. Discovery and interrogatories 14. Power to order discovery of facts or documents by any party or person in such manner as may be prescribed by rules of court. Costs 15. Power to award costs. Execution of documents 16. Power to execute, or direct any of its officers to execute, any transfer, conveyance, assignment, contract or other document, including an endorsement on a negotiable instrument, which any person has been ordered by the Court to execute, if he has neglected or refused to execute the same or is out of the jurisdiction, and the same shall operate to all intents as if executed by that person. Vexatious litigants 17. Power to restrain any person who has habitually and persistently and without reasonable cause instituted vexatious legal proceedings in any court, whether against the same or different persons, from instituting any legal proceedings in any court save by leave of a Judge. A copy of any such order shall be published in the Gazette. LAWS OF MALAYSIA COURTS OF JUDICATURE ACT 1964